Pankaj Poddar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2213 of 2018 =========================================================== Pankaj Poddar, Son of Sargun Poddar, Resident of H. No.225, Medanidih, P.S.- Mohanpur, District- Deoghar (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Banka, Banka Collectoriate, Banka.

2. The Principal Secretary, Department of Registration Excise and Prohibition Govt. of Bihar, Patna.

3. The Senior Superintendent of Police, Banka, District- Banka.

4. The Officer Incharge Police Station, Chandan, District- Banka. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the Respondent/s : Mr. VIVEK PRASAD -GP7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 12-02-2018 This writ petition has been filed for release of a vehicle (Ambulance) bearing Registration No. JH-15L 8794, which has been seized in connection with Chandan P.S. Case No.1/17 due to violation of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case. Keeping in view the aforesaid, it is directed that pending

Patna High Court CWJC No.2213 of 2018 dt.12-02-2018 2/2 finalization of the confiscation proceedings and/or criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Banka and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.

The vehicle in question be released within one week from the date of furnishing the bank guarantee.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date16-02-2018 Transmission Date